top of page

General Terms & Conditions of Marina Solarte

These General Terms & Conditions of Marina Solarte, hereafter referred to as “The TERMS” are applicable to any visitor, client, tenant, or any third party, hereafter “The CLIENT”, “they”, “their”, “themselves” and to their vessel, hereinafter “the VESSEL”, entering into the premises of Marina Solarte, including its docks, facilities, buildings, gardens, boat slips or the land under its maritime concession, operated by TOCA BIGHT, S.A., a Panamanian corporation registered in micro-jacket 155716892-2-2021 DV96 of the Mercantile Section of the Public Registry of Panama, hereinafter referred to as “The PROVIDER” or “the marina”. These TERMS are valid from the 4th of March 2023 and are subject to the following CLAUSES:

First: By entering the PROVIDER’s premises, the CLIENT declares that they have familiarized themselves with these TERMS, fully understand the content of the TERMS, and agree with the TERMS without reservation; this declaration is made by the CLIENT, especially in relation to fines, liability for damage and other obligations of a punitive nature, which are agreed in the TERMS. The PROVIDER reserves the right to require the CLIENT to vacate the marina if the CLIENT fails to comply with the rules and regulations set forth by these TERMS.

Second: The CLIENT agrees to conduct themselves and their guests in a manner that is respectful to other tenants, visitors, and staff of the marina. The CLIENT shall comply with all applicable laws and the TERMS of the marina and the government of the Republic of Panama. The following behaviors are strictly prohibited on the marina premises: disorderly conduct, excessive noise, vandalism, littering, illegal activities, and any behavior that may cause harm or damage to people or property.

Third: The CLIENT undertakes not to carry any items, substances, or materials on board the VESSEL or in the PROVIDER’s premises that are prohibited by any laws, executive decrees, municipal ordinances, statutes, or other corresponding provisions of the Government of Panama or the country where the VESSEL is registered. The CLIENT assumes responsibility for any legal consequences resulting from the possession of prohibited items or materials aboard the VESSEL.

Fourth: The CLIENT agrees not to discharge sewage or organic waste into marina waters, and not to discharge gasoline, oil, bunker fuel, diesel, or similar substances and dangerous wastes into the marina waters. In the event of any spillage of these or similar products, the CLIENT shall be responsible for the cleanup and shall cover all the costs incurred by the marina and other vessels affected by the spill.

Fifth: The CLIENT shall be solely responsible for the safety and security of the VESSEL and its contents during the VESSEL’s stay at the PROVIDER’s premises. The PROVIDER shall not be liable for any damages or losses resulting from theft, fire, weather conditions, common deterioration, or any other cause. In the event of a wind forecast exceeding the marina's design load, the PROVIDER may require the CLIENT to remove the VESSEL from the marina. The CLIENT assumes all risk for any injuries sustained by themselves, their crew, visitors, or third parties on their VESSEL or on any part of the PROVIDER's premises.

Sixth: Likewise, the CLIENT shall be solely liable for any damage caused by themselves, their VESSEL, their belongings, their crew, visitors or third parties on their VESSEL, to the property of the PROVIDER, to other vessels or to any third parties, whether such damage was caused by negligence or not. The CLIENT shall maintain adequate insurance coverage for the VESSEL, including third-party liability insurance, with a reputable insurer and shall provide evidence of such coverage to the PROVIDER upon request. In the event of any such damage to the property of the PROVIDER or to other vessels, the CLIENT shall promptly notify the PROVIDER and shall bear all costs and expenses related to such damage, including but not limited to repair costs and legal fees.

Seventh: The CLIENT acknowledges and agrees that the use of the slip and marina facilities entails certain risks, including but not limited to, those arising from acts of God, such as winds, gales, storms, hurricanes, lightning bolts, or damages caused by other vessels or for any other cause whatsoever. The CLIENT hereby assumes all risks and releases the PROVIDER, its officers, agents, and employees from any and all claims, damages, and causes of action arising out of any loss or damage to the VESSEL or property on board, including any personal injury or death, resulting from the use of the slip and marina facilities, except to the extent caused by the gross negligence or willful misconduct of the PROVIDER. The CLIENT shall take all reasonable precautions to protect their VESSEL and property from foreseeable risks.

Eight: If the CLIENT leases a boat slip at the marina, the CLIENT agrees to maintain their VESSEL in good condition and ensure its cleanliness throughout the lease.

Ninth: The PROVIDER does not guarantee that the electrical service will be continuous and without voltage fluctuations.

Tenth: The CLIENT shall not conduct any commercial activities within the marina premises without the written permission of the PROVIDER.

Eleventh: Any repairs done on the VESSEL while docked require prior written approval from the PROVIDER and must be supervised by the PROVIDER or marina staff. All repairs should be performed inside the VESSEL and not on the docks. 

Twelfth (final clause): Storing objects or materials on the docks can pose a safety hazard and obstruct access to the docks and is strictly prohibited. The only exception to this rule is the use of a designated storage box provided by the PROVIDER. Any objects or materials found in violation of this rule will be promptly removed by marina staff to ensure the safe operation of the docks. Likewise, tenders, davits, and bowsprits of the VESSEL must not extend above the docks or obstruct dock access. 

bottom of page